B-149349, AUG. 6, 1962

B-149349: Aug 6, 1962

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HOUGHTON AND DIMOND: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 2. WHILE THE OFFICIAL RECORD CONFIRMS THAT THE LETTER BID AND TELEGRAPHIC BID OF NEWMARK ASSOCIATES UNDER THE SUBJECT INVITATION WERE REJECTED FOR THE REASONS OF BEING LATE AND NONRESPONSIVE. THE RECORD FURTHER SHOWS THAT AWARD WAS MADE TO A BIDDER THAT BID A LOWER PRICE THAN NEWMARK ASSOCIATES. THE QUESTION WHETHER THE BIDS SUBMITTED BY NEWMARK ASSOCIATES WERE TIMELY OR RESPONSIVE IS RENDERED MOOT BY THE AWARD TO A LOWER BIDDER. REJECTION OF THE BID WILL NOT BE DISTURBED.

B-149349, AUG. 6, 1962

TO BERNKOPF, GOODMAN, HOUGHTON AND DIMOND:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 2, 1962, PROTESTING THE REJECTION OF THE BID OF NEWMARK ASSOCIATES UNDER INVITATION DSA 4-62- 1549.

WHILE THE OFFICIAL RECORD CONFIRMS THAT THE LETTER BID AND TELEGRAPHIC BID OF NEWMARK ASSOCIATES UNDER THE SUBJECT INVITATION WERE REJECTED FOR THE REASONS OF BEING LATE AND NONRESPONSIVE, RESPECTIVELY, THE RECORD FURTHER SHOWS THAT AWARD WAS MADE TO A BIDDER THAT BID A LOWER PRICE THAN NEWMARK ASSOCIATES.

THEREFORE, THE QUESTION WHETHER THE BIDS SUBMITTED BY NEWMARK ASSOCIATES WERE TIMELY OR RESPONSIVE IS RENDERED MOOT BY THE AWARD TO A LOWER BIDDER. IN THE CIRCUMSTANCES, REJECTION OF THE BID WILL NOT BE DISTURBED.

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